Cleveland v. Djeu

Full title: Jody Cleveland, by his mother and natural guardian, Aimee Landry…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jul 5, 2017

2017 N.Y. Slip Op. 5418 (N.Y. App. Div. 2017)

Opinion

2015-09110

07-05-2017

Jody Cleveland, by his mother and natural guardian, Aimee Landry, appellant, v. Louise Djeu, respondent, et al., defendants.

Phillips & Paolicelli, LLP, New York, NY (Daniel J. Woodard and Yitzchak M. Fogel of counsel), for appellant. Joseph A. Deliso, Brooklyn, NY, for respondent.

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX HECTOR D. LASALLE FRANCESCA E. CONNOLLY, JJ. (Index No. 1755/09)

Phillips & Paolicelli, LLP, New York, NY (Daniel J. Woodard and Yitzchak M. Fogel of counsel), for appellant.

Joseph A. Deliso, Brooklyn, NY, for respondent.

DECISION & ORDER

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Baynes, J.), dated July 7, 2015, which denied his motion to set aside, on the ground of inadequacy, the jury verdict on the issue of damages, or for a new trial on the issue of damages only.

ORDERED that the appeal is dismissed as academic, without costs or disbursements, in light of our determination on the companion appeal (see Cleveland v Djeu, __ AD3d __ [Appellate Division Docket No. 2015-04093; decided herewith]).

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court